New York, NY Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Guest Cap
- Maximum 2 paying guests
- Host Presence
- Required (stays under 30 days)
- Access Rule
- Free, unobstructed access to all rooms/exits
- State Basis
- NYS Multiple Dwelling Law Sec. 4
- 30-Day Line
- Under 30 days = transient use
Summary
NYC short-term rentals are limited to a maximum of two paying guests at a time, the permanent occupant (host) must be present and share the dwelling, and every guest must have free and unobstructed access to all rooms and each exit. These limits flow from the Multiple Dwelling Law's prohibition on transient (under-30-day) occupancy of class A units and from the OSE registration rules.
A "class B" multiple dwelling is a multiple dwelling which is occupied, as a rule transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. For the purposes of this article "permanent residence purposes" shall consist of occupancy of a dwelling unit by the same natural person or family for thirty consecutive days or more and a person or family so occupying a dwelling unit shall be referred to herein as the permanent occupants of such dwelling unit.
Full Breakdown
New York State Multiple Dwelling Law Sec. 4 defines a class A multiple dwelling as one occupied for permanent residence purposes, where permanent residence means occupancy by the same person or family for 30 consecutive days or more. Renting a class A apartment for fewer than 30 days converts it to transient (class B) use, which is generally prohibited. The narrow exception, codified in the OSE registration rules, allows a permanent occupant to host up to two paying guests for fewer than 30 days only while the host is also occupying the unit.
Under the OSE rules, the permanent occupant must be present and share the dwelling as a common household, no more than two lawful boarders, roomers, or lodgers may be present, and each guest must have free and unobstructed access to every room and to each exit within the apartment; interior doors may not be configured with key locks that let a guest lock household areas. Children under a certain age are not separately counted, but the two-guest cap applies to paying guests.
Violations & Fines
Hosting more than two paying guests, renting while the host is absent, or restricting guest access to rooms or exits voids eligibility for short-term rental and converts the use to an illegal transient occupancy under MDL Sec. 4 and NYC Admin Code Sec. 28-210.3, subject to OSE civil penalties and Department of Buildings violations.
Frequently Asked Questions
How many guests can I have in a New York City short-term rental?
Why does the host have to be present?
Can I lock guests out of part of my apartment?
Sources & Official References
Other rules in New York
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